Republican Washington State Attorney General Rob McKenna, widely rumored to be planning a run for governor in 2012, has joined a multi-state lawsuit with Florida, Virginia, South Carolina, and other states opposing the insurance purchase mandate of the health insurance reform law. This is in contrast to Washington politics, which is reliably Democratic. Washington state leaders all the way up to and including Governor Christine Gregoire have come out against McKenna's unilateral move to join the legal challenge against health insurance reform.
From a decade-long career as county councilman for the pro-business, right-leaning Seattle Eastside, McKenna built up a reputation as a moderate, a necessary perception for statewide election in Washington as a Republican. He replaced former AG Christine Gregoire, now governor, in 2004. Ironically, his opponent was former WA Insurance Commissioner Deborah Senn, a lauded progressive (now HuffPo contributor) who implemented numerous insurance reforms in the state.
Washington State Democrats chairman Dwight Pelz came out on Monday attacking McKenna for the move, which was orchestrated during a conference call just after the House passed the reform bill. "Keep your hands off of our health care coverage Mr. McKenna" was Pelz' response to McKenna's unilateral legal action against the federal government.
Washington Governor Christine Gregoire, who served as state attorney general prior to McKenna, was visibly upset during a press conference Monday. "He didn't call me and consult with me," said the governor, adding that the leaders of both houses of state legislature were also opposed to McKenna's action. "I don't know who he represents, but he doesn't represent me", she said, then going through a list of the classes of people in Washington who stand to benefit under the health insurance reform laws.
The governor added that she first heard about McKenna's action via a news story relayed by a staffer, and confronted him on the telephone to confirm it. Gregoire indicated to McKenna that she would file a brief in opposition to his action. "Get ready to represent me, because I will legally oppose what you're doing," she told McKenna, citing the attorney general's duty to represent the state government. "I don't agree with him. He has, in my opinion, a duty to consult with me [and the state House and Senate majority leaders]] and he has failed."
"I don't [know], either. I've never done it," said the governor, when asked how the legal challenge would have to be carried out against the state's legal counsel. Citing her experience as a former attorney general, "I didn't go out and represent a different opinion than what the governor wanted.... I consulted with my client, the governor.... He [McKenna] doesn't have a client."
In his defense, McKenna insists that the insurance purchase mandate is a violation of the federal constitution, and that his action is in the interests of the state. "There is a reason why we have an independent constitutional office of the Attorney General."
"It's a unique way of administering the office of attorney general when you don't have a client," shot back Gregoire.
On public affairs program Inside Olympia, McKenna indicated that he agrees with much of the health insurance reform law but opposes the mandate. "This is a lawsuit about the constitutionality about some parts of the bill."
The Democrat-controlled state legislature on Wednesday moved to tighten McKenna's budget, and are considering a law specifically to prevent state money from being used towards the lawsuit. McKenna claims that the state of Florida is going to take on all costs.
Many believe that McKenna's move is political motivated, an attempt to shed the moderate image he has built and garner a Republican Party endorsement for governor in 2012.
Other Washington state officials and politicians have come out against McKenna. U.S. Rep Jay Inslee (D-WA-01) called McKenna "irresponsible" for believing that the mandate is severable from the rest of reform. "It's like taking the cornerstone out of a building." U.S. Rep Jim McDermott (D-WA-07) referred to McKenna's move as "part of desperate Republican attacks."
State insurance commissioner Mike Kriedler went on record supporting health care reform, saying he was "deeply disappointed" by McKenna's action. State Senate Majority Leader Lisa Brown used similar language.
The Seattle City Council and Mayor Mike McGinn were unified against McKenna. The council passed a resolution in support of the reform law and in support of state legislative action tying McKenna's hands.
Dow Constantine, chief executive for King County, the most populous as well as most Democratic county in the state, came out in strong support of the reform bill on Monday.
The Tacoma News Tribune, while in favor of the lawsuit under an argument of judicial affirmation, chided McKenna for not consulting or notifying the governor.
The Washington State Democrats have filed a public disclosure request with the Attorney General's office, demanding to see all documents related to the state's participation in the lawsuit or the AG's decision to do so. "The public has a right to know whether McKenna generated this idea himself or whether he is acting on behalf of the National Republican Party or the Insurance Industry," said Pelz.
Progressive think tank Fuse Washington accused McKenna of "putting partisan politics above good policy". The group has an online petition against McKenna's action. A political action committee has formed, NoRob PAC, dedicated to opposing McKenna at the next election in which he runs, whichever that is. The King County Democratic Committee as well as the Washington State Democrats have also started similar online petitions. There is also a Facebook group, "Washington Tax Payers OPT OUT of Rob McKenna's lawsuit," which has over 15,000 members as of Friday. Other state progressive groups, including the Washington State Labor Council and the Northwest Progressive Institute have expressed their opposition to McKenna.